Mandate to sell

A handwritten signature of the offer to purchase was not made by the seller but by the agency with a mandate to sell, how valid is the deed?

According to article 1341 of the French Civil Code, the creditor has the right to performance of the obligation; the creditor can compel the debtor to do so under the conditions provided for by law.

Article 1341-1 of the French Civil Code also states that when the debtor fails to exercise their rights and actions of an economic nature, it compromises the rights of their creditor, the latter may exercise their rights on behalf of his debtor, with the exception of those which are exclusively attached to his person.

Civil Code article 1984 allows the mandate or power of attorney the ability to act in someone’s name. The contract can only be formed by the acceptance of the legal representative. Thus, the offer to purchase must express the willingness of the seller and the buyer to be bound by this acceptance. The deal given by the agency signed by the real estate agent does not demonstrate a willingness to sell.

The court of cassation considers that the handwritten mention and signature of the seller is sufficient to form the sale and to bind the parties. In this case the seller has not signed.

3rd civ April 12, 2012, the signature of the sale was promised by the agent’s representative with a potential buyer. The seller wants the mandate to sell to be cancelled in order to cancel the sale.

The decision found that without noting the existence in the mandate to sell of an express clause by which the mandate gave power to the real estate agent to represent it to conclude the sale, the Court of Appeal violated the aforementioned texts.

Civ 1 July 7, 1992 and March 6, 1996: Mandate to sell to a real estate agent only offers a corporate mission to seek clients and negotiate.

Art 72 al 3 of the decree of July 20, 1972, even exclusive mandate does not have the effect of replacing the principal with the real estate agent, to carry out the transaction

Copyright © Harrop – Lawyer. All Rights Reserved